What if the biggest risk of using generative AI in legal work is not that it gets the law wrong, but that it makes lawyers stop thinking? That question sits at the center of how in-house counsel should approach AI today. In-house lawyers’ use of GenAI shouldn’t overshadow the need for critical thinking. The debate is no longer about whether legal tech belongs in corporate legal departments. It is about how to use it in a way that strengthens professional judgment rather than quietly weakening it.
That tension surfaced clearly during a recent conversation with Daniel Schwarcz, Professor at the University of Minnesota Law School and a leading researcher on AI’s impact on law. His perspective was refreshingly grounded. The most powerful insight was not about tools or prompts but about leadership. The lawyers who thrive in the AI era, evaluating the GenAI use among in-house lawyers, will not be the most technical. They will be the most adaptable, curious, and firmly grounded in judgment.
Watch the full conversation with Daniel Schwarcz:
The Productivity Promise In-House Lawyers Cannot Ignore
For in-house legal professionals, time is always limited. You are expected to deliver fast answers, manage risk, and align with business priorities, often simultaneously. Professor Schwarcz’s research confirms what many corporate legal teams already experience. Generative AI can dramatically improve efficiency. Drafting memos, summarizing cases, reviewing contracts, and preparing internal documents can be completed far more quickly, often without reducing baseline quality.
This efficiency gain is especially meaningful for junior lawyers or for experienced counsel working in unfamiliar areas of law. AI can provide structure, language, and context that would otherwise take significant time to assemble. The effective GenAI use by in-house lawyers becomes crucial for legal operations optimization, not by replacing lawyers, but by accelerating routine work.
Where AI Quietly Becomes a Risk
The danger begins when AI shifts from assistant to author. Writing is not just output; it is how lawyers think. When AI produces the first draft, it can short-circuit the reasoning process that surfaces nuance, counterarguments, and business implications. Professor Schwarcz’s research suggests that for high-performing lawyers, early reliance on AI can reduce work quality by crowding out independent analysis.
For in-house counsel, this risk is especially serious. Corporate legal decisions rarely fit clean templates. They exist in gray areas shaped by strategy, risk tolerance, and incomplete information. When AI delivers a polished answer too early, it can anchor thinking around an average solution that misses what makes the situation unique. In-house lawyers’ GenAI use should avoid creating this dependency.
Why GenAI Works Best as a Second Draft
The most practical rule for in-house lawyers is simple. Use AI as a second draft, not a first. Begin by outlining your own thinking, even if it is rough. Identify the legal risks, business considerations, and unresolved questions. Then use AI to refine, reorganize, and pressure test your analysis.
In this role, AI becomes an editor and accelerator rather than a substitute for judgment. It helps legal teams move faster while preserving the thinking that makes in-house advice valuable. This approach protects professional development while still capturing the benefits of modern legal tech, effectively incorporating GenAI use by in-house lawyers.
A Leadership Moment for In-House Counsel
For legal leaders, this is not just an efficiency decision. It is a cultural one. How teams are encouraged to use AI will shape how they learn, reason, and grow. Supporting experimentation while reinforcing independent thinking is now a core leadership responsibility.
AI will not replace in-house lawyers. But it will reward those who use it thoughtfully. The future belongs to legal professionals who move faster without surrendering the judgment that defines their value, especially when utilizing GenAI.
Watch the full conversation here: Notes to My (Legal) Self: Season 9, Episode 8 (ft. Daniel Schwarcz)
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